In Re Tyler Self-Storage Unit Permits
27 A.3d 1071
Vt.2011Background
- Neighbors challenge a Dorset Environmental Court ruling granting Tyler a zoning permit for a 72-bay self-storage facility in the Village Commercial District.
- Tyler owns 5.6 acres in the VC District and sought a permit to construct three one-story storage buildings for rent.
- The Dorset Planning Commission approved the site plan; the zoning administrator issued a zoning permit.
- The Dorset Zoning Board of Adjustment denied the use as not within VC District, prompting an environmental-appeal by neighbors and cross-appeal by Tyler.
- The Environmental Court granted summary judgment for Tyler, finding storage as a permissible “retail rental” use, which neighbors now appeal to the Vermont Supreme Court.
- The Supreme Court reverses, holding the plain language of the Bylaws excludes self-storage as a permitted use in the VC District.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ‘retail sales/rentals’ permits self-storage in VC District | Neighbors: storage is not a retail sale/rental; term excludes wholesale/large-scale storage. | Tyler: storage rentals can be read as retail rentals under the Bylaws. | No; plain language excludes storage facility. |
| Whether the Environmental Court properly construed 'retail rentals' to fit the Bylaws’ purpose | Neighbors: court ignored purpose and structure; overbroad interpretation. | Tyler: court’s construction reasonable under ordinance. | Rejected; interpretation inconsistent with language and purpose; court erred. |
Key Cases Cited
- In re Nott, 174 Vt. 552 (2002) (gives framework for considering legislative intent in zoning)
- In re Miserocchi, 170 Vt. 320 (2000) (ambiguity resolved in landowner’s favor when plain language is unclear)
- Delta Psi Fraternity v. City of Burlington, 2008 VT 129 (2008) (adopts interpretive approach considering purpose and whole enactment)
- Route 4 Assocs. v. Town of Sherburne Planning Comm'n, 154 Vt. 461 (1990) (dictionary-based definitions applied to undefined terms)
- In re Pierce Subdiv. Application, 2008 VT 100 (2008) (affirms use of plain meaning and rational interpretation of zoning terms)
- Lubinsky v. Fair Haven Zoning Bd., 148 Vt. 47 (1986) (textual interpretation priority in zoning)